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Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! * Can Agent Orange cause Sleep Apnea? In order to help you with your secondary claim, we have put together this Insiders Guide! All Rights Reserved. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. One of the most straightforward ways to achieve service connection of a particular disease or disability is to show that you had that disease or disability while in service. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. If you want to learn how to implement these strategies to get the VA benefits you deserve, click here to speak with a VA claim expert for free. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches Medical opinions will be CRUCIAL, as these are not NECESSARY connections. Scenario 2: The Veteran has a current diagnosis of sleep apnea. One of the most straightforward ways to achieve service connection of a particular disease or disability is to show that you had that disease or disability while in service. This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. There are certain chronic diseases that a veteran may be presumptively entitled to if the disease manifests to a certain degree within a specified timeframe after the veterans period of, In todays society, hypertension is a common diagnosis for most veterans. In this article, well help you understand the top 5 reasons OSA claims are deniedand even better, what to do about it if youve received a denial for your OSA claim. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. I told you at the beginning I wantto change your thinking. Please call for an appointment before visiting: Mail Processing Center: P.O. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r caused or made worse by your active duty military service OR. Any advice on getting sleep apnea service connected? Scenario 1: Diagnosis of Sleep Apnea First Occurs a Long Time after Service, with no evidence of sleep-breathing problems in the Military Service, or Military Medical, records. They were at all times attentive and on top of my case. The best way to receive a VA disability compensation rating for sleep apnea is to provide the following information along with your claim: While the VA has begun to show a greater understanding of sleep apnea in veterans, the hard truth is that the VA has still not proven itself to accept the full range of how sleep apnea can manifest. You will then need an expert medical opinion that shows these symptoms back then in service were probably sleep apnea even though you had not been diagnosed at the time. It's almost as much work - and it can often take as much dedication. VA claim for sleep apnea denied? VA Disability for Sleep Apnea Secondary to Sinusitis | CCK Law That is how I suggest you handle this situation. Its an essential piece of evidence. Copyright 2023 VA Claims Insider, LLC. We are sorry that this post was not as useful for you! Contact Us * The importance ofamedical expert opinion in your Sleep Apnea claim. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. BVA Decision Just had C& P exam for sleep apnea. Wc%X$(:ss!LCO^?4d *$ I recd another denial (3rd) Jun 30, 2017. If there is a way for us to improve our claims to get more granted for Vets with "GWI", rest assured, you will find it on the Veterans Law Blog. See you on the inside! You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. They are ALL experiencing a Perfect Storm of Sleep Apnea problems: breathing disorders, mental health conditions, heart conditions and diabetes are all causing an epidemic of Sleep Apnea in our Vietnam Veterans. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. You're not alone. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. According to the VA law, there are three evidentiary elements that must be satisfied for sleep apnea conditions to prove secondary service connection: A medical diagnosis recorded in medical records of sleep apnea confirmed by a sleep study Evidence of PTSD as a service-connected primary disability Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 lJ[bKeZ?LF;$Zm]=_v-ed,4cX'fd dx|F'bow+P2]yt?d(,"O49&ZSrN Alow4Qg, =5j6y-|#@T0^])0lVLi>C %+QYY/8.+9 } u& 5t=tibdx:TD?pXg,Q>UR{KE|/K(*k A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide, Systemic Exertion Intolerance Disease (SEID), Presumption of Service Connection for Chronic Diseases, Common Symptoms of Chronic Fatigue Syndrome. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Thats what Sleep Apnea does while you are sleeping, you stop breathing. Your email address will not be published. 3 Steps to Veteran Disability Benefits for Sleep Apnea, 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD, 3 Ways to Get a VA Rating for Insomnia (The Insiders Guide). 2023-03-04T21:20:56-05:00 Symptoms can become worse with exertion by either physical or mental activity, such as going shopping and having to take a nap in the car before driving home, or staying on task at work and needing the evenings and weekends to recover, taking a shower and becoming bed bound for a couple of days afterward. Kim was very helpful and any time I had a question she made sure I got an answer. Which primary disabilities make the best claims for secondary service connection of sleep apnea? Both sinusitis and rhinitis are linked to sleep apnea. Even without a definitive cause of the disorder there are noted risk factors including being between the ages of 40-50, difficulty managing stress, and women are more commonly diagnosed (possibly because they report symptoms more often). 2017-05-30T18:09:36-04:00 For instance, often sleep apnea presents itself in those who have been suffering from PTSD. In our experience, if you did NOT have a sleep study while on active duty and you did not get a medical diagnosis of sleep apnea in the military, you should only attempt to service-connect your sleep apnea VA claim SECONDARY to another service-connected disability. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. I can teach you how to do that. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Ann Margaret really took the time to explain things to me. Gulf War Illness and Presumptive Service Connection. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Heres what I mean in BVA decision after BVA decision, I saw examples ofVeterans that take a look at the VA Ratings Tables, see that they can get a 50%VArating for sleep apnea with CPAP. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. Digestion issues like IBS (irritable bowel syndrome). And that means you are going to have to think through your sleep apnea claim. hTOo0| I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. For doing an awesome job. z`tsd#Ex>@"A"M@+5;$ Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Do you have questions about how to service connect sleep apnea claims? The most trusted name in education-based resources for Veterans. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. Your final VA Disability Rating for Insomnia depends upon the Top 5 Reasons for Obstructive Sleep Apnea Claim Denials (Plus OSA Service Connection Tips), Steps and Strategies: How to Prove Service Connection for Sleep Apnea, Step #1: Get a NEW Sleep Study (within the past 12 months), Step #2: Obtain a medical diagnosis of sleep apnea from a sleep specialist, Step #3: Get a nexus letter for sleep apnea from a credible independent medical professional, Lack of Medical Evidence is the #1 Reason VA Claims are Denied, Step #4: Consider secondary service connection instead of direct service connection, Secondary Service Connection Requirements. YEP!!! Tender lymph nodes usually in the neck and underarms. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 Thanks to additions to the VA presumptive list, you may be able to presumptively service-connect rhinitis, sinusitis, rhinosinusitis or asthma if you served in particular theaters during specified time periods. We see that quite often with sleep apnea claims. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. I am service connected for chronic sinusitis with a 30% rating. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. Making the Sausage: Heres what you need to know about new VA Claims regulations. Is Sleep Apnea a Disability? A Guide for Veterans Viet Nam Vet. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. This means you do NOT currently have the VA disability rating and compensation YOU deserve, and you could be missing out on thousands of dollars of tax-free compensation and benefits each month. My sleep apnea is worsened when I lie on my back and I still have loss of breath. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. However, this has been thoroughly disproven. VA Disability for Sleep Apnea: Proving Service Connection Will be some time before answer but getting all the info I can. That said, the key here is making the connection from service to diagnosis. You will need strong lay evidence that establishes what symptoms you were having in service loud snoring, apneas (stopped breathing) followed by gasps for oxygen, dry mouth upon waking, daytime fatigue, etc. Otherwise, I would properly ended up in mental health facility or going insane!!! (In many cases, amedical expert report or opinion may be crucial to success). PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. My emphysema is connected. In fact, sleep deprivation is a common form of torture, as many of us know all too well. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. A noticeable sign of obstructive sleep apnea is snoring. In the year thatI spent researching theSleep ApneaField Manual, I learned that there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea. Hepatitis C also causes insulin resistance. and Coronavirus. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. I talked to several doctors and sleep experts. If you are lucky, you start breathing again. Heres what the 38CFR lists for sleep apnea: Once sleep apnea is service-connected, this opens the door for you to file other secondary claims you may want to make. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. Andmy sleep study was not done in the military.. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ Proving Service-Connection for Sleep Apnea. Sleep apnea can be your link or nexus for filing claims for: Sleep apnea is a high-value claim in the VA world of ratings. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. Also see our post What is a Service-Connected Disability? Your email address will not be published. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. 2023-03-04T21:20:56-05:00 To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. Weight gain can be tied to several different conditions. Required fields are marked *. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Honestly, they are just saying it. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Our firm was founded in 1986 in Orlando, Florida. Want More Information about VA Sleep Apnea? You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. This is described as being foggy by patients. But most veterans are not service-connected for this sinus condition. Take a look at the Sleep Apnea eBook when it comes out I think you will find a lot of informaiton that will help you understand better the many different paths and proofs for service connection of Sleep Apnea. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. Getting Veterans (VA) Disability for Sleep Apnea | CCK Law This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. Below is the schedule for rating . Translation: 3 out of every 4 of youwill see your sleep apnea claims and appeals deniedunless you learn how to prove your Sleep Apnea Claim the right way.